Clark v. Bryce
Supreme Court of Georgia
Charge of Court. New trial. Before Judge Speer. DeKalb Superior Court. March Term, 1879. To the report contained in the decision it is only necessary to add that the court charged in substance as follows : That unless Morrison notified Thomas 0. Howard at the time he delivered the note and received the money, that Bryce had signed the note on condition that Alston would sign also, and that it was not to take effect until Alston did so sign, Bryce could not be discharged on…
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Charge of Court. New trial. Before Judge Speer. DeKalb Superior Court. March Term, 1879. To the report contained in the decision it is only necessary to add that the court charged in substance as follows : That unless Morrison notified Thomas 0. Howard at the time he delivered the note and received the money, that Bryce had signed the note on condition that Alston would sign also, and that it was not to take effect until Alston did so sign, Bryce could not be discharged on that ground. That, although Bryce may have signed the note on condition that Alston should also sign, and Howard had…
1Opinion of the Court
Warner, Chief Justice.
This was an action brought by the plaintiff against J. J. Morrison, Hattie H. Morrison and John Bryce, on a joint promissory note for the sum of $300.00, dated 16th July, 1874, and due 25th of December next after date. The de*488fendant, John Bryce, pleaded that he was security only on said note, that he signed the same with the understanding with plaintiff s agent, who negotiated the loan of money - for which the note was given, that R. A. Alston should also sign said note as security with him, and. that after said defendant had signed said note, said plaintiff’s' agent…
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